INTERNET ESCROW SERVICES, INC., ETC.
v.
KENNETH HENDEL
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Florida courts will enforce choice of law provisions in agreements, and indemnification clauses covering first-party claims between indemnitee and indemnitor must use particularly clear and explicit language and will be strictly construed against the indemnitee.
[1] A choice of law provision contained in a contract will generally be enforced by Florida courts.
[2] An indemnification clause that purports to apply to first-party claims between the indemnitee and indemnitor requires particularly clear and explicit language and will be…
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Join FLexlaw to unlock all legal intelligenceInternet Escrow Services, Inc. appealed a circuit court decision in a dispute involving Kenneth Hendel. The case involved interpretation of contractua…
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PER CURIAM.
Affirmed. See Briceno v. Sprint Spectrum, L.P., 911 So. 2d 176, 179 (Fla. 3d DCA 2005) (recognizing that Florida courts will generally enforce choice of law provisions contained in an agreement); City of Bell v. Superior Court, 163 Cal. Rptr. 3d 90, 100-01 (Cal. Ct. App. 2013) (applying California law which holds that for a contract’s indemnification clause to apply to first party claims between the indemnitee and the indemnitor, “the [clause’s] language on the point must be particularly clear and explicit and will be construed strictly against the indemnitee”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Internet Escrow Servs., Inc. v. Hendel (Fla. 3d DCA 2021)…PER CURIAM. Affirmed. See Briceno v. Sprint Spectrum, L.P., 911 So. 2d 176, 179 (Fla. 3d DCA 2005) (recognizing that Florida courts will generally enforce choice of law provisions contained in an agreement); City of Bell v. Superior Court, 163 Cal. Rptr. 3d 90, 100-01 (Cal. Ct. App. 2013) (applying California law which holds that for a contract’s indemnification clause to apply to first party claims between the indemnitee and the indemnitor, “the [clause’s] language on the point must be particularly clear…
Authorities Cited
- Paola BRICEÑO v. Sprint Spectrum, L.P., 911 So. 2d 176 (Fla. 3d DCA 2005)
- Internet Escrow Servs., Inc. v. Hendel (Fla. 3d DCA 2021)